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cient cause therefor appearing, shall and may order such alien or aliens to be removed out of the territory of the United States, or to give sureties of their good behaviour, or to be otherwise restrained, conformably to the proclamation or regulations which shall and may be established as aforesaid, and may imprison, or otherwise secure such alien or aliens, until the order which shall and may be made, as aforesaid, shall be per

formed. Marshals of Sec. 3. And be it further enacted, That it shall be the duty of the the district to marshal of the district in which any alien enemy shall be apprehended, provide for their who by the President of the United States, or by order of any court, which he shall judge or justice, as aforesaid, shall be required to depart, and to be rehave a warrant. moved, as aforesaid, to provide therefor, and to execute such order, by

himself or his deputy, or other discreet person or persons to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President of the United States, or of the court, judge or justice ordering the same, as the case may

e. APPROVED, July 6, 1798.

STATUTE II.

July 7, 1798. Chap. LXVII.-An Act to declare the treaties heretofore concluded with France, no

longer obligatory on the United States. WHEREAS the treaties concluded between the United States and Ante, p. 561, France have been repeatedly violated on the part of the French govern565, 578.

ment; and the just claims of the United States for reparation of the injuries so committed have been refused, and their attempts to nego tiate an amicable adjustment of all complaints between the two nations, have been repelled with indignity: And whereas, under authority of the French government, there is yet pursued against the United States, a system of predatory violence, infracting the said treaties, and hostile to the rights of a free and independent nation :

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States are of right freed and exonerated from the stipulations of the treaties, and of the consular convention, heretofore concluded between the United States and France; and that the same shall not henceforth be regarded as legally obligatory on the government or citizens of the United States.

APPROVED, July 7, 1798.

STATUTE II.

July 9, 1798. Chap. LXVIII.-An Act further to protect the Commerce of the United States.(a)

[Expired.] Section 1. Be it enacted by the Senate and House of Representatives The President of the United States of America in Congress assembled, That the Premay instruct the sident of the United States shall be, and he is bereby authorized to incommanders of public armed struct the commanders of the public armed vessels which are, or which vessels to cap. shall be employed in the service of the United States, to subdue, seize ture any French and take any armed French vessel, which shall be found within the jurisAnte, p. 561,

dictional limits of the United States, or elsewhere, on the high seas, and 565.

such captured vessel, with her apparel, guns and appurtenances, and the

goods or effects which shall be found on board the same, being French They shall be property, shall be brought within some port of the United States, and condemned and shall be duly proceeded against and condemned as forfeited; and shall distributed.

accrue and be distributed, as by law is or shall be provided respecting

(a) The commander of an armed vessel of the United States, has a right to stop vessels on the high seas, for examination. Maley v. Shattuck, 3 Cranch, 458; 1 Cond. Rep. 597.

The right of capture is entirely derived from the law; it is a limited right which is subject to all the restraints which the legislature has imposed, and is to be exercised in the manner its wisdom has prescribed. The Thomas Gibbons, 8 Cranch 421 ; 3 Cond. Re 193.

ves.

sels.

the captures which shall be made by the public armed vessels of the United States.

Sec. 2. And be it further enacted, That the President of the United The President States shall be, and he is hereby authorized to grant to the owners of may grant com: private armed ships and vessels of the United States, who shall make vate armed ves. application therefor, special commissions in the form which he shall sels, which shall direct, and under the seal of the United States; and such private armed have the same vessels, when duly commissioned, as aforesaid, shall have the same

authority to license

capture, as pub. and authority for the subduing, seizing and capturing any armed French lic armed vessel, and for the recapture of the vessels, goods and effects of the peo

They shall be ple of the United States, as the public armed vessels of the United States

subject to inmay by law have; and shall be, in like manner, subject to such instruc- structions of t'ie tions as shall be ordered by the President of the United States, for the President. regulation of their conduct. And the commissions which shall be granted, as aforesaid, shall be revocable at the pleasure of the President of the United States.

Sec. 3. Provided, and be it further enacted, That every person in- Applicants for tending to set forth and employ an armed vessel, and applying for a com

commissions to

deliver a writmission, as aforesaid, shall produce in writing the name, and a suitable

ten description. description of the tonnage and force of the vessel, and the name and place of residence of each owner concerned therein, the number of the crew and the name of the commander, and the two officers next in rank, appointed for such vessel; which writing shall be signed by the person or persons making such application, and filed with the Secretary of State, or shall be delivered to any other officer or person who shall be employed to deliver out such commissions, to be by him transmitted to the Secretary of State.

Sec. 1. And provided, and be it further enacted, That before any They shall give commission, as aforesaid, shall be issued, the owner or owners of the security. ship or vessel for which the same shall be requested, and the commander thereof, for the time being, shall give bond to the United States, with at least two responsible sureties, not interested in such vessel, in the penal sum of seven thousand dollars; or if such vessel be provided with more than one hundred and fifty men, then in the penal sum of fourteen thousand dollars; with condition that the owners, and officers, and crews who shall be employed on board of such commissioned vessel, shall and will observe the treaties and laws of the United States, and the instructions which shall be given them for the regulation of their conduct: And will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof, by such vessel, during her commission, and to deliver up the same when revoked by the President of the United States.

Sec. 5. And be it further enacted, That all armed French vessels, French ships together with their apparel, guns and appurtenances, and any goods or

and goods capeffects which shall be found on board the same, being French property, armed vessels,

tured by private and which shall be captured by any private armed vessel or vessels of to be condemnthe United States, duly commissioned, as aforesaid, shall be forfeited, ed and distribuand shall accrue to the owners thereof, and the officers and crews by whom such captures shall be made; and on due condemnation had, shall be distributed according to any agreement which shall be between them; or in failure of such agreement, then by the discretion of the court before whom such condemnation shall be.

Sec. 6. And be it further enacted, That all vessels, goods and effects, American the property of any citizen of the United States, or person resident there property recap

tured, to be rein, which shall be recaptured, as aforesaid, shall be restored to the law

stored on the ful owners, upon payment by them, respectively, of a just and reasonable payment of sal salvage, to be determined by the mutual agreement of the parties con- vage. cerned, or by the decree of any court of the United States having maritime jurisdiction according to the nature of each case : Provided,

Distribution of salvage.

Captured vessels to be brought in and adjudicated.

that such allowance shall not be less than one eighth, or exceeding one half of the full value of such recapture, without any deduction. And such salvage shall be distributed to and among the owners, officers and crews of the private armed vessel or vessels entitled thereto, according to any agreement which shall be between them; or in case of no agreement, then by the decree of the court who shall determine upon such salvage.

Sec. 7. And be it further enacted, That before breaking bulk of any vessel which shall be captured, as aforesaid, or other disposal or conversion thereof, or of any articles which shall be found on board the same, such capture shall be brought into some port of the United States, and shall be libelled and proceeded against before the district court of the same district; and if after a due course of proceedings, such capture shall be decreed as forfeited in the district court, or in the circuit court of the same district, in the case of any appeal duly allowed, the same shall be delivered to the owners and captors concerned therein, or shall be publicly sold by the marshal of the same court, as shall be finally decreed and ordered by the court. And the same court, who shall have final jurisdiction of any libel or complaint of any capture, as aforesaid, shall and may decree restitution, in whole or in part, when the capture and restraint shall have been made without just cause, as aforesaid; and if made without probable cause, or otherwise unreasonably, may order and decree damages and costs to the party injured, and for which the owners, officers and crews of the private armed vessel or vessels by which such unjust capture shall have been made, and also such vessel or vessels shall be answerable and liable.

Sec. 8. And be it further enacted, That all French persons and others, who shall be found acting on board any French armed vessel, which shall be captured, or on board of any vessel of the United States, which shall be recaptured, as aforesaid, shall be reported to the collector of the port in which they shall first arrive, and shall be delivered to the custody of the marshal, or of some civil or military officer of the United States, or of any state in or near such port; who shall take charge for their safe keeping and support, at the expense of the United States.

APPROVED, July 9, 1798.

Prisoners to de reported to the Collector and delivered to the Marshal, &c.

STATUTE II,

July 9, 1798.

[Obsolete.)

Chap. LXIX.-An Act limiting the time, within which claims against the

United States, for credits on the books of the Treasury, may be presented fur allowance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all credits on the books of the treasury of the United States, for transactions during the late war, which, according to the course of the treasury, have hitherto been discharged by issuing certificates of registered debt, shall be forever barred and precluded from settlement or allowance, unless claimed by the proper creditors, or their legal representatives on or before the first day of March, in the year one thousand seven hundred and ninety-nine. And the Secretary of the Treasury is hereby required to cause this act to be published in one or more of the public papers of each state.

APPROVED, July 9, 1798.

STATUTE II.

July 9, 1798.

Chap. LXX.–An Act to provide for the valuation of Lands and Dwelling,

Houses, and the enumeration of Slaves within the United States.(a) Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the

(Obsolete.) 1813, ch. 36.

(a) The acts of Congress relating to the assessment of lands, &c., and slaves, for direct tases, have been : An act to provide for the valuation of lands and dwelling houses, and the enumeration of slaves

purpose of making the valuations and enumerations herein after directed,

Divisions de there shall be, and are hereby designated and established, the following signated indivisions, to wit: The state of New Hampshire shall contain five divisions, as follow:

New HampThe first division to consist of the county of Rockingham; the second shire, division to consist of the county of Strafford; the third division to consist of the county of Hillsborough; the fourth division to consist of the county of Cheshire; and the fifth division to consist of the county of Grafton.

The state of Massachusetts shall contain nine divisions, as follow: Massachusetts, The first division to consist of the counties of Hancock, Washington and Lincoln; the second division to consist of the counties of York and Cumberland; the third division to consist of the county of Essex; the fourth division to consist of the counties of Suffolk and Norfolk; the fifth division to consist of the county of Middlesex; the sixth division to consist of the counties of Bristol, Plymouth, Barnstable, Duke's county and Nantucket; the seventh division to consist of the county of Worcester; the eighth division to consist of the county of Hampshire; and the ninth division to consist of the county of Berkshire.

The state of Rhode Island shall contain three divisions, as follow : Rhode Island, The first division to consist of the counties of Newport and Bristol; the second division to consist of the counties of Washington and Kent; and the third division to consist of the county of Providence.

The state of Connecticut shall contain five divisions, as follow: The Connecticut, first division to consist of the counties of Hartford and Tolland; the second division to consist of the counties of New Haven and Middlesex; the third division to consist of the counties of New London and Windham, the fourth division to consist of the county of Fairfield; and the fifth division to consist of the county of Litchfield. The state of Vermont shall contain five divisions, as follow: The

Vermont, first division to consist of the counties of Windham and Windsor; the second division to consist of the counties of Bennington and Rutland; the third division to consist of the counties of Orange and Caledonia; the fourth division to consist of the counties of Addison and Chittenden; and the fifth division to consist of the counties of Franklin, Orleans and Essex.

The state of New York shall contain nine divisions, as follow: The New York, first division to consist of the counties of Suffolk, Queen's, King's and Richmond; the second division to consist of the city and county of within the United States, July 9, 1799, chap. 70; an act to amend the act entitled, "An act to provide for the valuation of lands and dwelling-houses, and for enumeration of slaves within the United States," February 28, 1799, chap. 20; an act supplementary to the act entitled, “An act to provide for the valua. tion of lands and dwelling houses, and the enumeration of slaves within the United States," January 2, 1800, chap. 3; an act to provide for equalizing the valuations of unseated lands, May 10, 1800, chap. 53; an act to enlarge the powers of surveyors of the revenue, May 13, 1800, chap. 60; an act to provide for completing the valuation of lands and dwelling-houses, and the enumeration of slaves in South Carolina, and for other purposes, January 30, 1805, chap. 11; an act for the assessment and collection of direct taxes, and internal duties, July 22, 1813, chap. 16; an act to provide additional revenues for defraying the expenses of government, and maintaining the public credit, by laying a direct tax upon the United Slates, and to provide for assessing and collecting the same, January 9, 1815, chap. 21; an act to fix the compensation, and to increase the responsibility of the collectors of the direct tax and internal duties, and for other purposes connected with the collection thereof, March 3, 1815, chap. 99; an act to amend the act entitled, "An act to provide additional revenues for the expenses of the government and maintaining the public credit, by laying a direct tax on the United States, and to provide for collecting and assessing the same,” &c., March 3, 1815, chap. 90; an act to fix the commissions of the collectors of the direct tax and internal duties, and to revive and continue in force “ an act to provide for the colleclion of duties on imports and tonnage,” April 27, 1816, chap. 110; an act relating to the assessment and collection of the direct tax, March 3, 1817, chap. 103 ; an act supplementary to the several acts relative to direct taxes and internal duties, April 20, 1818, chap. 78; an act extending the time allowed for the redemption of land sold for direct taxes, in certain cases, May 11, 1820; an act for reviving and extend. ing the time allowed for the redemption of land sold for direct taxes in certain cases, February 4, 1822, chap. 4; an act to extend the time for the redemption of land sold for direct taxes in certain cases, March 3, 1823, chap. 45; an act to extend the time allowed for the redemption of land sold for direct taxes in certain cases, May 16, 1826, chap. 59; an act to extend the time allowed for the redemption of nd sold for direct laxes in certain cases, April 28, 1828, chap. 39; act of March 5, 1816, chap. 24.

New Jersey,

Pennsylvania,

Delaware,

New York; the third division to consist of the counties of West Chester, Rockland, Orange and Ulster; the fourth division to consist of the counties of Dutchess and Columbia; the fifth division to consist of the counties of Rensselaer and Schoharie, and the city and county of Albany; the sixth division to consist of the counties of Washington, Clinton and Saratoga; the seventh division to consist of the counties of Montgomery, Oneida and Herkemer; the eighth division to consist of the counties of Delaware, Otsego and Chenango; and the ninth division to consist of the counties of Tioga, Onandago, Steuben and Ontario.

The state of New Jersey shall contain five divisions, as follow: The first division to consist of the counties of Bergen, Essex and Middlesex; the second division to consist of the counties of Sussex and Morris; the third division to consist of the counties of Hunterdon and Somerset; the fourth division to consist of the counties of Burlington and Monmouth; and the fifth division to consist of the counties of Gloucester, Cumberland, Salem and Cape May.

The state of Pennsylvania shall contain nine divisions, as follow: The first division to consist of the city and county of Philadelphia; the second division to consist of the counties of Delaware, Chester and Lancaster; the third division to consist of the counties of Montgomery and Bucks; the fourth division to consist of the counties of Berks and Dauphin; the fifth division to consist of the counties of Northampton, Wayne and Luzerne; the sixth division to consist of the counties of York, Cumberland and Franklin; the seventh division to consist of the counties of Northumberland, Lycoming and Mifflin; the eighth division to consist of the counties of Bedford, Somerset and Huntingdon; and the ninth division to consist of the counties of Westmoreland, Allegheny, Washington, Greene and Fayette.

The state of Delaware shall contain three divisions, as follow: The first division to consist of the county of New Castle; the second division to consist of the county of Kent; and the third division to consist of the county of Sussex.

The state of Maryland shall contain seven divisions, as follow: The first division to consist of the counties of St. Mary's, Charles and Calvert; the second division to consist of the counties of Montgomery and Prince George's (including the city of Washington); the third division to consist of the counties of Anne Arundel (including the city of Annapolis) and Baltimore (including the city of Baltimore); the fourth division to consist of the counties of Washington, Frederick and Allegany; the fifth division to consist of the counties of Harford, Cæcil and Kent, the sixth division to consist of the counties of Queen Anne's, Caroline and Talbot; and the seventh division to consist of the counties of Somerset, Dorchester and Worcester.

The state of Virginia shall contain eleven divisions, as follow : The first division to consist of the counties of Frederick, Berkeley, Shenandoah, Rockingham, Augusta, Rockbridge, Bath and Botetourt; the second division to consist of the counties of Hampshire, Brooke, Hardy, Pendleton, Harrison, Monongalia, Ohio and Randolph; the third division to consist of the counties of Greenbrier, Kenhawa, Montgomery, Wythe, Grayson, Washington, Russell and Lee; the fourth division to consist of the counties of Patrick, Franklin, Henry, Bedford, Pittsylvania, Campbell and Halifax; the fifth division to consist of the counties of Charlotte, Prince Edward, Buckingham, Cumberland, Powhatan, Amelia, Nottaway, Lunenberg and Mecklenburg; the sixth division to consist of the counties of Chesterfield, Dinwiddie, Brunswick, Greensville, Sussex and Prince George; the seventh division to consist of the counties of Surry, Southampton, Isle of Wight, Nansemond, Norfolk and Princess Anne; the eighth division to consist of the counties of Hanover, Henrico, New Kent, Charles city, James city, Matthews,

Maryland,

Virginia,

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